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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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4 year old CCJ removed!!!!!


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Hi all,

Thought I'd post with my latest update to my battle to clear up my credit file.

 

I had a CCJ by default for £400 added in 06/2004, I had moved from the address it was sent to and only noticed it on my credit file about 2 years ago.

What confused me was that it was a MCOL claim and this is only supposed to be used in England and Wales, by my living in Scotland I was interested to see if this was infact legal?

 

I got good advice last year (June/July ish) from some people on this forum in the legal industry and was advised that this CCJ would in fact stand and not much chance of getting it removed on those grounds however if I could prove that I never lived at that address at the time then could apply for set-aside as never received the paperwork.

 

I could not find anything to prove I never lived there at the time so after paying the CCJ directly to the company I sent a quick email to MCOL stating that as I lived in Scotland I was not convinced that this CCJ is legal and if they could clarify for me.....

 

I got tied up with removing defaults for a few months after that and never heard anything back from MCOL so pretty much forgot about it until a today as when I checked my credit file again the CCJ was still not marked as satisfied. I called Northampton County Court (CCJ Bulk Centre) to query if they had received notification that the debt had been paid and if not how do I go about getting it marked as satisfied.... I was put on hold for about 5 mins and the woman came back to me and said that I actually don't need to have it marked as settled because it was STRUCK OUT BY A DISTRICT JUDGE IN AUG 2007!!!!!!! (about 3 weeks after I sent MCOL that very short email) :eek::confused::eek:

 

I advised the woman that this is still showing on my credit file and she said she was going to contact the Registry Trust herself straight away and it would be removed in the next 4 weeks!!!!!! :o:D

 

I don't quite understand but it's a total RESULT!!!!!!!!!

 

:D:D:D:D

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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thats great news--- i am reading with interest regarding bank charges, unfair fees, removal of defaults etc---

could some one re-direct me to the correct section of website for standard request of information letters & procedures for debt, judgements, defaults etc

 

I have 2 defaults on my file and i have no idea who they are from. and 1 very large CCJ ( buisness debt- rent)-- but i only found this out by fluke and i certainly had no paperwork or responded to any summons.. all my problems have resulted from the failing of my business in NOV 2007..

 

could someone also advise if this reclaiming of bank charges also applies to business accounts---if thats the case & i can win --then that alone could hopefully quickly pay off my mortgage arrears and prevent repossession

thanks again

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Hi losingwilltolive

 

The section of the site you need fir debt is Debt Action Group

Bank charges on business accounts are a bit of a problem at the momement because the test case said that charges are not contract penalties (hoefully this will be appealed) and, since the UTCCR 1999 don't apply to business a ccounts either, that leaves us with no basis for a claim. However, the 'brains' ae working on it, so watch this space.

 

 

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I'ts GONE!!!! WOOHOO :D:D:D

 

That's no more defaults or CCJ's on my Experian file and only 1 Littlewoods default on my Equifax file :)

Edited by TheAnalyst

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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